040720 Press Release - April 6 Declaration of Disaster Order 1CI1-
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FOR IMMEDIATE RELEASE
DENTON Ryan Adams • (940) 349-8565 • Ryan.Adams@cityofdenton.com
Denton City Council Adopts New Declaration of Disaster Order
Stay at Home Order is Extended to Align with Governor Abbott's Executive Order GA-14
DENTON, TX,April 7, 2020—On Monday, April 6, the Denton City Council voted to adopt a
new Order of Council to supersede previous orders related to the COVID-19 pandemic. At
Monday's emergency meeting, in accordance with Gov. Greg Abbott's Executive Order GA-14,
issued on March 31, 2020, Council adopted the Stay-At-Home order for the city of Denton and
authorized additional funding to assist individuals and families in need.
The declaration of disaster order shall be in effect beginning at 11:59 p.m. on Monday, April 6
and continuing through 11:59 p.m. on Thursday, April 30 or until otherwise acted upon by the
Council.
Under the declaration of disaster order:
• All individuals currently living within the city of Denton are ordered to STAY AT
HOME or their current place of residence, unless leaving their residences for Essential
Activities or Business;
• Essential Businesses are those defined by the Texas Division of Emergency Management
(TDEM) according to the U.S. Department of Homeland Security, and TDEM shall
maintain an online list of essential services at www.tdem.texas.gov/essentialservices;
• Public or private gatherings of any number of people occurring outside a single
household or living unit are prohibited;
• Restaurants, bars, microbreweries, micro-distilleries, and wineries may only provide take
out, delivery, or drive-through services;
• If religious services cannot be conducted from home or through remote services, they
should be conducted consistent with the Guidelines from the President and the Centers
for Disease Control and Prevention(CDC);
• All non-essential City of Denton Municipal Court proceedings are postponed until after
April 30, 2020;
• All City of Denton utility non-payment shut-offs are suspended, without penalty or
interest accrual, through April 30, 2020;
• Up to $750,000 of funding is authorized to be spent for COVID-19 response activities;
• Up to $50,000 of funding is authorized to be spent to increase utility assistance; and
• An additional $50,000 of funding is authorized to be provided to the United Way of
Denton County to assist individuals and families living in the city of Denton, who have
experienced income or job loss directly resulting from COVID-19, in eviction avoidance,
for a total of$100,000 authorized.
See the attached declaration of disaster order for more information and specific clarifications
and exceptions to the amended order. Visit www.cityofdenton.com/coronavirus and
www.dentoncounty.gov/coronavirus for additional updates.
OUR CORE VALUES
Integrity•Fiscal Responsibility•Transparency• Outstanding Customer Service
ADA/EOE/ADEA www.cityofdenton.com TDD(800)735-2989
Information regarding community resources and volunteer and donation opportunities can be
found online at www.cityofdentoncoronavirusresources.com.
Information regarding the United Way of Denton County's COVID-19 Relief Fund for housing
assistance for those at-risk of experiencing homelessness as a result of COVID-19 can be found
at www.unitedwaydenton.or crf-partners-eli ig bility.
Contact: Ryan Adams, (940) 349-8565, Ryan.Adams@cityofdenton.com
Visit www.cityofdenton.com for more news and to stay updated.
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ORDINANCE NO. 20-812
AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME—RULE MUNICIPAL
CORPORATION, SUPERSEDING AND REPLACING THE ORDER OF COUNCIL OF THE
CITY OF DENTON ISSUED MARCH 20, 2020 APPROVED BY ORDINANCE 20-740;
CONFIRMING AND AUTHORIZING THE EXPENDITURE OF FUNDS; PROVIDING A
REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, beginning in December 2019, a novel coronavirus, now designated SARS-
CoV2 which causes the disease COVID-19, has spread throughout the world and has now been
declared a global pandemic by the World Health Organization; and
WHEREAS, symptoms of COVID-19 include fever, coughing, and shortness of breath,
and in some cases the virus has caused death; and
WHEREAS, the known cases of COVID-19 diagnosed in the State of Texas is currently
increasing daily; and
WHEREAS, extraordinary measures must be taken to contain COVID-19 and prevent its
spread throughout the City of Denton and Denton County, including the limitation of community
gatherings and requiring individuals, groups of individuals, or property to be subject to additional
measures that prevent or control the spread of disease; and
WHEREAS, the State Office of Court Administration, in consultation with the Supreme
Court, Court of Criminal Appeals, and Regional Judges, has provided guidance recommending
postponement of all non-essential court proceedings, minimizing staff, and taking all other
appropriate measures to prevent the spread of disease; and
WHEREAS,the Mayor of the City of Denton determined that extraordinary measures must
be taken by temporarily limiting the number of persons allowed to convene in a single location;
temporarily closing City buildings, facilities, and limiting certain uses thereof, temporarily
postponing all non-essential municipal court proceedings;providing resources to prevent eviction
due to COVID-19 impact; and temporarily suspending all City utility shut-offs to residential
customers; and
WHEREAS,on March 13, 2020,the Mayor executed a"Declaration of Local Disaster for
Public Health Emergency" and an "Order of the Mayor of the City of Denton" pursuant to the
Declaration; and
WHEREAS, finding it in the best interest of the citizens of Denton, on March 17, 2020,
the City Council,through Ordinance No. 20-721, extended the Declaration of Emergency through
April 30,2020 and issued an Order of the Council of the City of Denton,attached thereto as Exhibit
"C," including the authorization to expend no more than Five Hundred Fifty Thousand Dollars
($550,000.00)during this period to proceed with the necessary emergency responses and essential
functions not already budgeted; and
WHEREAS,City of Denton Code of Ordinances Section 9-54(b)provides for penalties for
violation of proclamations of emergency and any rule,regulation,or order issued pursuant to such
proclamation and Chapter 9 of the City of Denton Code of Ordinances; and
WHEREAS, information about COVID-19 continues to evolve and measures must be
taken to respond to the latest information available; and
WHEREAS, following updated information on the spread of COVID-19,the City Council
amended the Order of Council on March 20, 2020; and
WHEREAS,as COVID-19 continued to spread throughout the City and County of Denton,
the Mayor issued a Second Declaration of Local Disaster on March 24, 2020, attached hereto as
Exhibit "A," and an "Order of the Mayor of the City of Denton" pursuant to the Second
Declaration, attached hereto as Exhibit `B," extending measures in an attempt to slow the spread
of the disease; and
WHEREAS, Governor Greg Abbott issued Executive Order GA-14 on March 31, 2020,
further limiting public gatherings and defining which"essential services"were to continue during
the declared state-wide emergency; and
WHEREAS, GA-14 expressly preempts local ordinances, declarations, and orders in
conflict with it; and
WHEREAS, the City Council finds that it is in the best interest of the citizens of the City
of Denton to, in compliance and to be consistent with GA-14, supersede and replace the prior
orders of Council dated March 17,2020 and March 20,2020,confirming the expenditure of funds;
NOW,THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The facts, circumstances, and recitations contained in the preamble of this
Ordinance are found and declared to be true and correct, and are incorporated herein by reference
as if fully set out herein.
SECTION 2. The Council hereby adopts the Order of Council, dated April 6, 2020,
attached hereto as Exhibit"A."
SECTION 3. It is Council's intent that this Ordinance and the Order of Council attached
hereto supersede and replace the prior Orders of Council, passed March 17, 2020 through
Ordinance 20-420 and March 20, 2020 through Ordinance 20-740. To the extent those Orders
conflict with the Order herein passed,they are repealed.
SECTION 4. The City Council confirms the expenditure authority previously granted to
the City Manager and authorizes additional amounts, as further specified in Exhibit"A."
SECTION 5. The City Manager is authorized to (i) execute an Amendment to the United
Way of Denton County Inc. Barriers Fund Memorandum of Understanding, evidencing Council's
intent to remove the match obligation and agreeing to provide the full amount of the funds previously
budgeted to this Fund for the prevention and diversion of homelessness and (ii) carry out all duties
and obligations of the City pursuant to the Memorandum of Understanding as amended, including
but not limited to the expenditure of funds.
SECTION 6. The motion to approve this Ordinance was made by and
seconded by ;the Ordinance was passed and app oved by the following
vote (�
Awe Nay Abstain Absent
Chris Watts,Mayor: ✓
Gerard Hudspeth,District 1:
Keely G.Briggs,District 2:
Jesse Davis,District 3:
John Ryan,District 4:
Deb Armintor,At Large Place 5:
Paul Meltzer,At Large Place 6: ✓
PASSED AND APPROVED this the day of 52020.
b4RfS Vt4S, MAYOR
ATTEST: tN1111110101
ROSA RIOS, CITY SECRETARY ``�y 0 F......
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: All
EXHIBIT A
CITY
OF
DENTON
ORDER OF THE COUNCIL
OF THE CITY OF DENTON
DATE ISSUED: APRIL 6, 2020
Summary: The virus that causes 2019 Coronavirus Disease (COVID-19) is easily transmitted
through person to person contact, especially in group settings, and it is essential that the spread of
the virus be slowed to protect the ability of public and private health care providers to handle the
influx of new patients and safeguard public health and safety. As the number of positive cases of
COVID-19 continue to increase in the City of Denton,there is an immediate need to undertake the
following measures described in this Order. This Order supersedes and replaces the Order of the
City Council adopted on Friday, March.20, 2020 (Ordinance No. 20-740).
PURSUANT TO THE PRIOR DECLARATION EXTENDED BY COUNCIL ON MARCH
17, 2020 AND THE AUTHORITY IN SECTION 9-22 OF THE DENTON CODE OF
ORDINANCES AND SECTION 418.108 OF THE TEXAS GOVERNMENT CODE, THE
COUNCIL OF THE CITY OF DENTON HEREBY ORDERS:
1. This Order pertaining to a Declaration of Local Disaster for Public Health Emergency,
originally enacted by the Mayor on March 13, 2020 and extended by Council pursuant to
ordinance., supersedes and replaces the prior Orders of the Mayor and of Council. The Order shall
take effect at 11:59 p.m. on April 6, 2020 and continue through 11:59 p.m. on April 30, 2020.
2. Effective as of 11:59 p.m. on April 6, 2020:
a. All individuals currently living within the City of Denton are ordered to STAY AT
HOME or their current place of residence. For the purposes of this Order, residences
include hotels,motels, shared rentals, and similar facilities. To the extent individuals are
using shared or outdoor spaces,they must at all times as reasonably as possible maintain
social distancing of at least six feet from any other person when they are outside their
residence. All persons may leave their residences only_for Essential Activities, travel to
businesses outside of the City of Denton, provide,or'perform Essential Governmental
Functions, or to operate Essential Businesses, all as defined in Section 3.
b. All businesses operating within the City of Denton, except Essential Businesses as
defined below in Section 3, are required to cease all activities at facilities located within
the City of Denton. For clarity, businesses may continue operations consisting
exclusively of employees or contractors performing activities at their residences (i.e.
working from home). To the greatest extent possible, all Essential Businesses shall
comply with the Social Distancing Guidelines promulgated by the United States Centers
for Disease Control and Prevention (CDC), including maintaining six-foot social
distancing for both employees and the general public. All golf courses within the City of
Denton shall be closed.
C. All public or private gatherings of any number of people occurring outside a single
household or living unit are prohibited, except as otherwise provided herein. Nothing in
this Order prohibits the gathering of members of a household or living unit(an apartment
or house for use by one family).
d. Restaurants and beverage bars with or without drive-in or drive-through services and
microbreweries, micro-distilleries, or wineries may only provide take out, delivery, or
drive-through services as allowed by law.
e. If religious services cannot be conducted from home or through remote services, they
should be conducted consistent with the Guidelines from the President and the CDC by
practicing good hygiene, environmental cleanliness,and sanitation,and by implementing
social distancing to prevent the spread of COVID-19.
f All elective medical, surgical,and dental procedures are prohibited anywhere in the City
of Denton. Hospitals, ambulatory surgery centers, dental offices, and other medical
facilities shall postpone all surgeries and procedures that are not immediately medically
necessary to correct a serious medical condition of, or to preserve the life of, a patient
who without immediate performance of the surgery or procedure would be at risk for
serious adverse medical consequences or death,as determined by the patient's physician.
3. Definitions:
a. For purposes of this Order, "Essential Business" shall mean businesses offering
"Essential Services," as that term is defined in Gubernatorial Executive Order GA-14,
issued March 31, 2020, and the National Cybersecurity and Infrastructure Agency
(CISA) Memorandum of Essential Critical Infrastructure document version 2.0 dated
March 28, 2020 or as either may be further amended, and as further expanded by the
Texas Department of Emergency Management or the Department of Homeland Security.
b. For purposes of this Order, "Essential Activities" is defined as the following:
i. To engage in activities or perform tasks essential to their health and safety, or to
the health and safety of their family or household members including pets and
livestock (for example, obtaining medical supplies or medication, visiting a health
care professional, or obtaining supplies need to work from home), and attending
funeral services for an immediate family member; and
ii. To obtain necessary food,beverage, services, or supplies for themselves and their
family or household members,or to deliver those services or supplies to others(for
example, food, pet supply, and any other household consumer products), and
products necessary to maintain the safety, sanitation, and essential operation of
residences.
iii. To engage in outdoor activity, provided the individuals comply with social
distancing requirements of six feet (for example, walking, biking, hiking, or
running). Use of public playground equipment is prohibited.
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iv. To perform work providing essential products and services at an Essential
Business or to otherwise carry out activities specifically permitted in this Order.
V. To care for a family member or pet in another household.
4. If someone in a household has tested positive for COVID-19, the household is ordered to
isolate at home. Members of the household cannot go to work, school, or any other community
function until cleared by a medical professional.
5. Nursing homes, retirement, and long-term care facilities are instructed to prohibit non-
essential visitors from accessing their facilities unless to provide critical assistance or for end-of-
life visitation.
6. This Order hereby authorizes the use of all lawfully available enforcement tools found in
Denton City Code, Chapter 9 (Emergency Management), state laws and gubernatorial orders, or
federal laws.
7. Pursuant to Section 9-22 of the Code of Ordinances,the following measures are also hereby
ordered continued as set forth herein:
a. All City Committee, Commission, and Board meetings are suspended through the term
of this order, with the exception of the Planning and Zoning Commission, which shall
meet only to consider applications subject to state law-imposed deadlines;
b. City Council meetings shall be rescheduled as posted and may be conducted in
accordance with alternate measures as permitted by law;
C. Only electronic purchasing submissions shall be accepted;
d. No development applications listed in Table 2.2-A in the Denton Development Code
shall be accepted for the term of this Order or any extension hereof;
e. The City Manager or his designee is authorized to make application for local, state, and
federal assistance as necessary and/or applicable;
f. The City Manager or his designee is authorized to accept on behalf of the City services,
gifts, grants, equipment, supplies, and/or materials whether from private, nonprofit, or
government sources;
g. The City Manager or his designee is authorized to terminate or suspend any event that is
or may negatively impact the health, safety, and welfare of persons within the City;
h. The City Manager is authorized to approve individual purchases and sign contracts up to
$500,000.00 for general expenditures already budgeted or authorized by Section 7(k) of
this Order;
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i. All City of Denton utility non-payment shut offs are suspended during the term of this
Order and no penalties for non-payment of utilities under Ordinances 19-2140, 19-2136,
19-2137, 19-2138, or 18-1494 shall accrue during the pendency of this order or any
extension hereof; and
j. The City Manager is given authority to expend an additional $50,000.00 to those
previously budgeted for a total of up to $100,000.00 as funding to the United Way of
Denton County to assist individuals and families living in the City of Denton, who have
experienced income or job loss directly resulting from COVID-19,in eviction avoidance;
k. The City Manager is authorized to expend no more than an additional Seven Hundred
Fifty Thousand Dollars ($750,000.00) from the general fund reserve balance during this
period to proceed with the necessary emergency responses and essential functions not
already budgeted.
1. The City Manager is authorized to expend no more than an additional Fifty Thousand
Dollars ($50,000.00) from the customer service fund reserve balance during this period
to increase utility assistance funding for FY 2019-2020 to One Hundred Seventy-Five
Thousand Dollars($175,000.00).
m. All non-essential court proceedings in the Municipal Court No. 1 of the City of Denton
are postponed. All such proceedings will be rescheduled following the term of this Order.
No fine, penalty, or punishment shall issue against a party because of the postponement
ordered herein. Municipal Court No. 1 shall continue to hear all proceedings deemed
essential by the state Office of Court Administration, including search and arrest warrant
requests, arraignments, criminal magistration proceedings, and requests for temporary
restraining orders.
n, Due to increased demand for household products and groceries resulting from stock up
buying and individuals who purchase for resale, retail suppliers shall use common sense
rationing of household products and groceries that are in limited supply.
8. Copies of this Order shall be promptly provided to the City Secretary for filing and posting
on the City's website and in other conspicuous places. i
IT IS SO ORDERS PURSUANT TO ORDINANCE NO. 20-812
Mayor ris Watts
City of Denton
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